Northampton CD T1571 A Tr

The lady queen sent to the mayor and bailiffs of her town of Northampton her writ close in these words:

Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., to the mayor and bailiffs of her town of Northampton, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you in our court of the abovesaid town without our writ according to the custom of the same town between William Coldwell and John Bryan of the town of Northampton in the county of Northamptonshire merchant of the Staple of England concerning a vacant piece of land containing by estimate 69 feet in length and 15 feet in width lying in Abingdon Street in the said town of Northampton with appurtenances that Henry Wanley demised to the abovesaid William at a term of 10 years that has not yet expired in which the aforementioned John with force and arms entered and ejected the same William from his abovesaid farm as it is said manifest error intervened to the grave damage of the same John as we have received from his complaint, we, wanting the error if any there was to be corrected in due manner and full and swift justice to be done to the abovesaid parties in this part, order you that if judgment has been rendered then send distinctly and openly the record and process of the abovesaid plea with everything touching them to us under the seal of you or any ,of you, and this writ, so that we have them at one month after Easter wherever then we shall be in England so that, the abovesaid record and process having been inspected we may make to be done further thereof for the correction of that error what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster February 9 in the 13th year of our reign [February 9, 1571].

The record and process of which mention is made in the abovesaid writ follow in these words:

The Town of Northampton. At the court of the lady queen held in the guildhall of the town of Northampton in the county of Northamptonshire on September 4 in the 12th year of the reign of the Lady Elizabeth by the grace of God queen of England, France, and Ireland, defender of the faith etc., [September 4, 1570] before Thomas Hopkyns mayor of the said town of Northampton, Henry Clarke, and Thomas Fryers bailiffs of the same town according to the custom of the same town used and approved from time whereof the memory of men runs not to the contrary etc., comes William Coldwell and proffered in the same court his certain complaint in the nature of a writ of the lady queen of a plea of trespass against John Bryan of the town of Northampton in the county of Northamptonshire merchant of the Staple of England, the tenor of which certain complaint follows in these words:

The Town of Northampton. John Bryan of the town of Northampton in the county of Northamptonshire merchant of the Staple of England was attached to answer William Coldwell concerning a plea why with force and arms etc., he entered one vacant piece of land containing by estimate 69 feet in length and 15 and a half feet in width lying in Abingdon Street in the said town of Northampton with appurtenances that Henry Wanley demised to the aforementioned William Coldwell demised at a term of 10 years that has not yet expired and ejected the same William Coldwell from his abovesaid farm thereof and other etc.

And wherefore the same William Coldwell by Richard Sanders his attorney complains that the abovesaid John Bryan on the last day of May in the 12th year of the reign of the said now lady queen [May 12, 1570] etc., with force and arms, viz., etc., at the town of Northampton abovesaid in the county of Northamptonshire within the jurisdiction of this court entered a vacant piece of land with appurtenances in Northampton that Henry Wanley on April 16 in the 12th year of said now lady queen at the said town of Northampton granted, demised, and handed over at farm to the aforementioned William Coldwell to have and to hold the abovesaid vacant piece of land etc., with appurtenances to the same William Coldwell, his executors and assigns from April 16 last past until the end and completion of 10 years that has not yet expired, and ejected the same William Coldwell from his abovesaid farm, and other enormities etc., to the grave damage etc., and against the peace etc., wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc. And he seeks process against the abovesaid John Bryan thereof to be made out of the abovesaid court according [IMG 0256] to the custom of the same town of Northampton etc., wherefore on the abovesaid September 4 in the 12th year of the reign of the said lady queen [September 4, 1570] it was ordered to Richard Saunders minister of this court by etc., according to the custom of the same town that he attach the abovesaid John Bryan by his body so that he be at the court to be held at the guildhall of the same town of Northampton abovesaid before the mayor and bailiffs of the same town on Monday, viz., September 18 next to come to answer the aforementioned William Coldwell concerning the abovesaid plea etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the said town of Northampton abovesaid on September 18 in the abovesaid 12th year of the reign of the lady queen [September 18, 1570] before the aforementioned mayor and bailiffs of the town of Northampton abovesaid according to the custom of the same court the abovesaid Richard Saunders returned the precept abovesaid directed to him in the abovesaid form served and executed in all things, viz., that he attached the aforementioned John Bryan by John Doo and Richard Roo summoners to be at the court abovesaid to answer the aforementioned William Coldwell concerning the abovesaid plea etc., and the abovesaid parties then and there also came. And the abovesaid John Bryan by George Andrewe his attorney came and defended force and injury when etc., and sought thereof [IMG 1406] a day to emparl until the court to be held here, viz., on October 16 next to come according to the custom of the same city and it is granted to him etc. And thereon according to the custom of the same city day is given thereof to the parties abovesaid here etc., before the mayor and bailiffs of the same town until the court to be held here, viz., on October 16 next to come,, viz., to the aforementioned John to emparl and then to answer etc.

William Coldwell put in his place Richard Saunders against John Bryan in the abovesaid plea etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the said town of Northampton abovesaid on October 16 in the abovesaid 12th year of the reign of the said lady queen before Ralph Maynerd mayor of the town of Northampton abovesaid, William Yonge, and John Blythe bailiffs of the same town according to the custom of the same court came the abovesaid parties by their abovesaid attorneys. And the abovesaid John Bryan by his abovesaid attorney comes etc., and says that he in nothing is guilty of the abovesaid trespass and ejectment as the abovesaid William above complains against him. And of this he puts himself on the countryside. And the abovesaid William similarly etc. Therefore then and there it is ordered by the court here according to the custom of the same court from the assent of the parties abovesaid to William Chaumberlayne serjeant at mace of the mayor of the said town of Northampton and minister of this court that he make to come here at the court to be held here etc., viz. on December 18 next to come [December 18, 1570] 12 prudent and lawful men of the same town by whom the truth can be better known and inquired who neither etc., to recognize etc., because both etc. The same day is given to the parties abovesaid there etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the town of Northampton abovesaid on the abovesaid December 18 in the thirteenth year of the reign of the said lady queen [December 18, 1570] before the aforementioned Ralph Maynard mayor of the town of Northampton abovesaid, William Yonge, and John Blythe bailiffs of the same town according to the custom of the same court etc., came the abovesaid parties by their abovesaid attorneys, and the aforementioned William Chamberlyne serjeant at mace of the mayor of the said town of Northampton and minister of this court returned the precept abovesaid directed to him in this form served and executed in everything together with the panel annexed to the same precept, viz., William Carvell, William Freman, John Danbrooke, Richard Wilkynson, Henry Neale, Gilbert Archbold, John Addams, Thomas Farre, Gilbert Skurrall, George Colle, William Rande, Richard Palmer, Lawrence Marcamwell, Richard Ballgave, Gilbert Hampson, John Moreley, John Commendale, John Grenock, William Grymstone, Richard Potter, Richard Crosse, Thomas Ley, Richard Bentley, and John Wylson, who according to the custom of the same city solemnly exacted did not come nor did any of themcome etc. Therefore then and there as before it is ordered by the court here etc., to the aforementioned William Chaumberlyn minister of the abovesaid court according to the custom of the same court etc., that he should make to come here at the court to be held, viz., on January 15 next to come 12 prudent and lawful men of the same town etc., by whom etc., and who neither etc., to recognize in the abovesaid form etc., because both etc. The same day is given to the parties abovesaid there etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the abovesaid town on January 15 in the abovesaid 13th year of the reign of the said lady queen [January 15, 1571] before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of the same court came the abovesaid parties by their abovesaid attorneys. And the abovesaid William Chaumberleyn serjeant of the mayor of the said town of Northampton minister of this court returned the abovesaid precept in the abovesaid form directed to him served and executed in everything together with the names of the jurors, viz., William Carvell, Richard Wilkynson, John Addams, Thomas Farre, George Colle, William Rande, Richard Palmer, Lawrence Marcamwell, Gilbert Hampson, John Moreley, John Comendale, and John Grenocke, who according to the custom of the same city solemnly exacted came and each of them came, who, from the assent of the parties abovesaid chosen, tried, and sworn to tell the truth concerning the premisses say on their oath that the abovesaid John Bryan is guilty of the trespass and ejectment [IMG 1407] abovesaid as the abovesaid William Coldwell above complains against him and assess the damages by occasion of the trespass and ejectment abovesaid beyond his outlays and costs put out by him on his suit in this part at 6d and for those outlays and costs at 33s etc. And because the court here wants to advise itself of and on the premisses before judgment is rendered thereof, day is given to the abovesaid parties here until the next court to be held here etc., viz., on January 22 next to come to hear their judgment thereof because the court here thereof not yet etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the town abovesaid on January 22 in the abovesaid 13th year of the reign of said lady queen [January 22, 1571] before the mayor and bailiffs of the same town according to the custom of the same court etc., came the abovesaid parties by their abovesaid attorneys. And because the court here further wants to advise itself of and on the premisses before judgment thereof is rendered, day is given to the parties abovesaid here etc., until the next court to be held here viz., January 29 next to come to hear their judgment thereof because the court here thereof not yet sufficiently etc.

The Town of Northampton. At which certain court of the said lady queen held in the guildhall of the town of Northampton abovesaid on January 29 in the abovesaid 13th year of the reign of the said lady queen [January 29, 1571] before the aforementioned mayor and bailiffs of the abovesaid town according to the custom of the same court etc., came the abovesaid parties by their abovesaid attorneys. Thereon the premisses having been seen and more fully understood by the court here, it is considered by the court here etc., that the abovesaid William Coldwell recover against the aforementioned John Bryan his abovesaid term and his abovesaid damages assessed by the abovesaid jury in the abovesaid form as well as 5s adjudicated to the same William at his request for his abovesaid outlays and costs abovesaid by the court here by way of increment, which certain damages in all amount to 38s6d, and that the same John be taken etc. [IMG 0257]

Afterwards, scilt., on Monday next after the quindene of Holy Trinity this same term before the lady queen at Westminster comes the abovesaid John Bryan by William Langhorne his attorney. And he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment manifestly it was erred in this that

whereas the abovesaid William at the abovesaid court held in the abovesaid guildhall of the abovesaid town of Northampton abovesaid on September 4 in the abovesaid 12th year he affirmed against the aforementioned John Bryan his abovesaid complaint in the nature of a writ of the lady queen of a plea of trespass and afterwards narrated against the same John in the form and nature of a writ of the said lady queen of a plea of trespass and ejectio firme, as above it appear of record.

And particularly it was erred in this that it does not appear by the abovesaid record some certain days when the term of the abovesaid William Coldwell would begin, as also it appears of record.

And moreover it was erred in this that it does not appear by the abovesaid record that the abovesaid William Coldwell ever entered in the abovesaid vacant piece of land by virtue of the abovesaid demise and was thereof possessed, as above it appears of record.

And also it was erred in this that the abovesaid John at the abovesaid court held in the guildhall of the abovesaid town on October 6 in the 12th year abovesaid pleaded in bar of the action abovesaid that he was not guilty thereof making no defense, as also appears above of record.

And the same John seeks the lady queen’s writ to warn the abovesaid William Coldwell to be before the lady queen to hear the record and process abovesaid, and it is granted to him etc. Whereby it is ordered to the sheriff that by prudent etc., he should make it to be known to the aforementioned William Coldwell that he be before the lady queen on the Octaves of St. Michael wherever etc., to hear the record and process abovesaid if etc., and further etc. The same day is given to the aforementioned John etc.

At which day before the lady queen at Westminster comes the abovesaid John by his abovesaid attorney. And the sheriff returns that by virtue of the abovesaid writ directed thereof to him he made it to be known to the aforementioned William Coldwell to be before the lady queen at the day and place contained in the abovesaid writ as it was ordered to him to hear the record and process abovesaid if etc., by John Doo and Richard Roo prudent etc., which certain William according to the warning made to him by Francis Sandbache his attorney similarly comes. Thereon the abovesaid John as before says that in the abovesaid record and process and also in the rendering of the abovesaid judgment it was manifestly erred by alleging the abovesaid errors alleged by him above in the form abovesaid. And he seeks that the judgment abovesaid on account of the abovesaid errors and others being in the abovesaid record and process be revoked, annulled, and wholly had for nothing and that the court of the lady queen here proceed to the examination both of the record and process abovesaid and of the abovesaid errors and that the abovesaid William rejoin to the abovesaid errors etc. And the abovesaid William seeks license to emparl to the abovesaid errors, and it is granted to him etc. And thereon day thereof is given to the parties abovesaid before the lady queen until the morrow of All Souls wherever etc., viz., to the aforementioned William to emparl to the abovesaid errors and then to rejoin to those errors etc.

At which day before the lady queen at Westminster come both the abovesaid John Bryan and the abovesaid William Coldwell by their abovesaid attorneys. And the abovesaid William Coldwell says that neither in the record and process abovesaid nor in the rendering of the abovesaid judgment in anything was it erred. And he seeks that the court of the lady queen here proceed to the examination both of the record and process abovesaid and of the abovesaid matters above assigned for errors in the abovesaid form. And because the court of the lady queen here is not yet advised to render its judgment of and on the premisses, day is given thereof [IMG 0258] to the parties abovesaid before the lady queen until the Octaves of St. Hilary wherever etc., to hear their judgment thereof because the court of the lady queen here not yet etc.

At which day before the lady queen at Westminster come the abovesaid parties by their abovesaid attorneys. And because the court of the lady queen here is not yet advised to render its judgment on the premisses, day further thereof is given to the parties abovesaid before the lady queen at Westminster until the quindene of Easter wherever etc., to hear their judgment thereof, because the court of the lady queen here thereof not yet etc.

At which day before the lady queen at Westminster come the parties abovesaid by their abovesaid attorneys, and because the court of the lady queen here is not yet advised to render their judgment of and on the premisses, day further thereof is given to the parties abovesaid before the lady queen at Westminster on the morrow of Holy Trinity wherever etc., to hear their judgment thereof because the court of the lady queen here thereof not yet etc.

[Margination from previous membrane:]

Let the judgment be revoked.